5 U.S. Code § 5315 - Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter
11 of title
2, as adjusted by section
5318 of this title:

Deputy Administrator of General Services.

Associate Administrator of the National Aeronautics and Space Administration.

Assistant Administrators, Agency for International Development (6).

Regional Assistant Administrators, Agency for International Development (4).

Assistant Secretaries of Agriculture (3).

Assistant Secretaries of Commerce (11).

Assistant Secretaries of Defense (16).

Assistant Secretaries of the Air Force (4).

Assistant Secretaries of the Army (5).

Assistant Secretaries of the Navy (4).

Assistant Secretaries of Health and Human Services (6).

Assistant Secretaries of the Interior (6).

Assistant Attorneys General (11).

Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans’ Employment and Training.

Administrator, Wage and Hour Division, Department of Labor.

Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate.

Assistant Secretaries of the Treasury (10).

Members, United States International Trade Commission (5).

Assistant Secretaries of Education (10).

General Counsel, Department of Education.

Director of Civil Defense, Department of the Army.

Deputy Director of the Office of Emergency Planning.

Deputy Director of the Office of Science and Technology.

Deputy Director of the Peace Corps.

Assistant Directors of the Office of Management and Budget (3).

General Counsel of the Department of Agriculture.

General Counsel of the Department of Commerce.

General Counsel of the Department of Defense.

General Counsel of the Department of Health and Human Services.

Solicitor of the Department of the Interior.

Solicitor of the Department of Labor.

General Counsel of the National Labor Relations Board.

General Counsel of the Department of the Treasury.

First Vice President of the Export-Import Bank of Washington.

Members, Council of Economic Advisers.

Members, Board of Directors of the Export-Import Bank of Washington.

Members, Federal Communications Commission.

Member, Board of Directors of the Federal Deposit Insurance Corporation.

Directors, Federal Housing Finance Board.

Members, Federal Energy Regulatory Commission.

Members, Federal Trade Commission.

Members, Surface Transportation Board.

Members, National Labor Relations Board.

Members, Securities and Exchange Commission.

Members, Merit Systems Protection Board.

Members, Federal Maritime Commission.

Members, National Mediation Board.

Members, Railroad Retirement Board.

Director of Selective Service.

Associate Director of the Federal Bureau of Investigation, Department of Justice.

Members, Equal Employment Opportunity Commission (4).

Director, Community Relations Service.

Members, National Transportation Safety Board.

General Counsel, Department of Transportation.

Deputy Administrator, Federal Aviation Administration.

Assistant Secretaries of Transportation (4).

Deputy Federal Highway Administrator.

Administrator of the Saint Lawrence Seaway Development Corporation.

Assistant Secretary for Science, Smithsonian Institution.

Assistant Secretary for History and Art, Smithsonian Institution.

Deputy Administrator of the Small Business Administration.

Assistant Secretaries of Housing and Urban Development (8).

General Counsel of the Department of Housing and Urban Development.

Commissioner of Interama.

Federal Insurance Administrator, Federal Emergency Management Agency.

Executive Vice President, Overseas Private Investment Corporation.

Members, National Credit Union Administration Board (2).

Members, Postal Regulatory Commission (4).

Members, Occupational Safety and Health Review Commission.

Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2).

Chief Information Officer, Department of Defense (unless the official designated as the Chief Information Officer of the Department of Defense is an official listed under section
5312,
5313, or
5314 of this title).

Paragraphs (72)–(77) are added on authority of former section
2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (72)–(77) in Level IV.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

The deletion of paragraphs (25)–(28) of 5 U.S.C. 5315 reflects the abolition of the positions of “Commissioner, Community Facilities Administration”, “Commissioner, Federal Housing Administration”, “Commissioner, Public Housing Administration”, and “Commissioner, Urban Renewal Administration” by the act of September 9, 1965, Public Law 89–174, sections
5(a),
9(c),
79 Stat. 669, 671.

The redesignation of paragraphs (78) and (79), added by Public Law 89–734, and of paragraph (78), added by Public Law 89–779, as paragraphs “(84)”, “(85)”, and “(86)”, respectively, reflects the addition of paragraphs (78)–(83) by section 10(d)(4) ofPublic Law 89–670.

Amendment by Pub. L. 94–237to formerly designated par. (95) of this section has been editorially made to formerly designated par. (96) of this section relating to the Deputy Director, Office of Drug Abuse Policy, in view of redesignation of par. (95) as (96) by Pub. L. 94–183as the probable intent of Congress.

Pub. L. 111–358struck out item relating to Director, National Institute of Standards and Technology, Department of Commerce.

2010—Pub. L. 111–259substituted “General Counsel of the Office of the Director of National Intelligence” for “General Counsel of the Central Intelligence Agency”.

2009—Pub. L. 111–84substituted “(12)” for “(10)” in item relating to Assistant Secretaries of Defense, inserted items relating to Principal Deputy Under Secretaries of Defense for Policy, for Personnel and Readiness, and for Intelligence, and Principal Deputy Under Secretary of Defense (Comptroller), and struck out items relating to Deputy Under Secretaries of Defense for Policy, for Personnel and Readiness, and for Logistics and Materiel Readiness.

Pub. L. 111–23inserted item relating to Director of Cost Assessment and Program Evaluation, Department of Defense.

2002—Pub. L. 107–314, which directed the repeal of Pub. L. 107–107, § 901(c), was executed by substituting “(9)” for “(8)” in item relating to Assistant Secretaries of Defense to reflect the probable intent of Congress. See 2001 Amendment note below.

1998—Pub. L. 105–368struck out item relating to Director of the National Cemetery System.

Pub. L. 105–277, § 2305(b)(2), which directed the substitution of “Assistant Secretaries of State (24)” for “Assistant Secretaries of State (20)”, was executed by making the substitution for “20 Assistant Secretaries of State” in item relating to Assistant Secretaries of State and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate, to reflect the probable intent of Congress.

Pub. L. 105–277, § 1332(2), struck out item relating to Deputy Director of the United States Information Agency and substituted “Director of the International Broadcasting Bureau.” for “Director of the International Broadcasting Bureau, the United States Information Agency.”

Pub. L. 105–277, § 1224(3), struck out item relating to Assistant Directors, United States Arms Control and Disarmament Agency (4) and substituted “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State” for “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency”.

Pub. L. 105–85, § 1073(e)(1), inserted “the” before “Interior” in item relating to Chief Information Officer of Department of the Interior and before “Treasury” in item relating to Chief Information Officer of Department of the Treasury.

Pub. L. 103–236, § 708(b), substituted “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency” for “Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2)”.

Pub. L. 103–236, § 307(b)(2), inserted item relating to Director of the International Broadcasting Bureau, United States Information Agency.

Pub. L. 103–236, § 162(d)(2), directed insertion of item relating to 20 Assistant Secretaries of State and 4 other State Department Officials to be appointed by the President, and struck out “Assistant Secretaries of State (15).”, “Legal Adviser of the Department of State.”, “Chief of Protocol, Department of State.”, “Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.”, “Assistant Secretary for International Narcotics Matters, Department of State.”, and “Assistant Secretary for South Asian Affairs, Department of State.” New item was inserted in lieu of “Assistant Secretaries of State (15).” to reflect the probable intent of Congress.

Pub. L. 103–227inserted item relating to Director of the Office of Educational Technology.

Pub. L. 100–504inserted items relating to Inspector General for Departments of Commerce, Interior, Justice, and Treasury and for following agencies: Agency for International Development, Environmental Protection Agency, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, and Small Business Administration.

1986—Pub. L. 99–619substituted “Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans’ Employment and Training” for “Assistant Secretaries of Labor (5)”.

Pub. L. 99–659substituted “Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration” for “Deputy Administrator, National Oceanic and Atmospheric Administration” and struck out item relating to Associate Administrator, National Oceanic and Atmospheric Administration.

1984—Pub. L. 98–594substituted “(7)” for “(5)” in item relating to Assistant Secretaries of the Treasury.

Pub. L. 98–473, § 1701(b), struck out items relating to United States Attorney for Southern District of New York, United States Attorney for District of Columbia, United States Attorney for Northern District of Illinois, and United States Attorney for Central District of California.

Pub. L. 96–302inserted item relating to Chief Counsel for Advocacy, Small Business Administration.

1979—Pub. L. 96–157inserted items relating to Administrator of Law Enforcement Assistance, Director of National Institute of Justice, and Director of Bureau of Justice Statistics, and struck out items relating to Deputy Administrator for Policy Development and Deputy Administrator for Administration of Law Enforcement Assistance Administration.

Pub. L. 96–88, § 508(g), substituted “Health and Human Services” for “Health, Education, and Welfare” in items relating to General Counsel of Department of Health and Human Services, Commissioner of Social Security, Department of Health and Human Services, and Inspector General, Department of Health and Human Services.

Pub. L. 94–503added par. (110) relating to United States Attorney for Northern District of Illinois.

Pars. (111) to (113). Pub. L. 94–503added pars. (111) to (113) relating to United States Attorney for Central District of California, Director, Bureau of Prisons, Department of Justice, and Deputy Administrator for Administration of the Law Enforcement Assistance Administration, respectively.

1975—Pub. L. 94–82substituted provisions applying level IV of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter
11 of title
2, as adjusted by section
5318 of this title, for provisions applying such level IV to positions for which annual rate of basic pay is $28,750.

Par. (24). Pub. L. 93–618substituted “Members, United States International Trade Commission” for “Chairman of the United States Tariff Commission”.

Pub. L. 89–670added par. (78) relating to Members, National Transportation Safety Board, par. (79) relating to General Counsel, Department of Transportation, and pars. (80) to (83), and repealed par. (2) which provided for Deputy Administrator of Federal Aviation Agency, subject to the provisions of section 1657 of former Title 49, Transportation.

Change of Name

“Export-Import Bank of Washington”, referred to in items relating to First Vice President and Members, was changed to “Export-Import Bank of the United States” in the Export-Import Bank Act of 1945, section
635 et seq. of Title 12, Banks and Banking, as provided for in section 1(a) ofPub. L. 90–267, Mar. 13, 1968, 82 Stat. 47.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) ofPub. L. 112–166, set out as a note under section
113 of Title
6, Domestic Security.

Pub. L. 110–49, § 12,July 26, 2007, 121 Stat. 260, provided that: “The amendments made by this Act [amending this section, section
301 of Title
31, Money and Finance, and section 2170 of the Appendix to Title 50, War and National Defense] shall apply after the end of the 90-day period beginning on the date of enactment of this Act [July 26, 2007].”

Effective Date of 2006 Amendment

Amendment by section 942(a) ofPub. L. 109–364effective Oct. 17, 2006, and applicable with respect to individuals appointed as Deputy Under Secretary of Defense for Logistics and Materiel Readiness on or after that date, see section 942(c) ofPub. L. 109–364, set out as a note under section
5314 of this title.

Effective Date of 2004 Amendments

For Determination by President that amendment by Pub. L. 108–458take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section
3001 of Title
50, War and National Defense.

Amendment by Pub. L. 108–458effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) ofPub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section
3001 of Title
50, War and National Defense.

Amendment by Pub. L. 108–447effective on the later of the date on which at least three persons nominated under section 604(a) ofPub. L. 108–447take office or May 18, 2005, see section 604(b) ofPub. L. 108–447, set out as an Appointments; Effective Date; Transition note under section
831a of Title
16, Conservation.

Pub. L. 107–296, title XVII, § 1702(b),Nov. 25, 2002, 116 Stat. 2313, provided that: “Notwithstanding section
4 [enacting provisions set out as a note under section
101 of Title
6, Domestic Security], the amendment made by subsection (a)(5) [amending this section] shall take effect on the date on which the transfer of functions specified under section
441 [enacting section
251 of Title
6] takes effect.”

Pub. L. 107–189, § 22(e),June 14, 2002, 116 Stat. 708, provided that: “The amendments made by this section [amending this section and sections 9 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to this title] shall take effect on October 1, 2002.”

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title IX, § 901(d),Dec. 28, 2001, 115 Stat. 1194, which provided that amendments made by Pub. L. 107–107, § 901(c) (amending this section and section
138 of Title
10, Armed Forces), were to take effect on the date on which a person was first appointed as Deputy Under Secretary of Defense for Personnel and Readiness, was repealed by Pub. L. 107–314, div. A, title IX, § 902(d),Dec. 2, 2002, 116 Stat. 2621.

Amendment by section 162(d)(2) ofPub. L. 103–236applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 ofPub. L. 103–236become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) ofPub. L. 103–236, as amended, set out as a note under section
2651a of Title
22, Foreign Relations and Intercourse.

Effective Date of 1993 Amendment

Pub. L. 103–123, title I, § 108(b),Oct. 28, 1993, 107 Stat. 1234, provided that: “The amendments made by this section [amending this section and section
5316 of this title] shall take effect on the first applicable pay period after enactment [Oct. 28, 1993].”

Effective Date of 1992 Amendments

Amendment by Pub. L. 102–552effective Jan. 1, 1996, see section 201(c)(1) ofPub. L. 102–552, set out as an Effective Date of 1992 Amendment; Transitional Provision note under section
2277a–2 of Title
12, Banks and Banking.

Pub. L. 102–359, § 2(b)(3),Aug. 26, 1992, 106 Stat. 962, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section
5316 of this title] shall take effect on the first day of the first pay period that begins on or after the date of the enactment of this Act [Aug. 26, 1992].”

Amendment by Pub. L. 101–509effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section
529 [title III, § 305] of Pub. L. 101–509, set out as a note under section
5301 of this title.

Amendment by section 7252(b)(3) ofPub. L. 100–690effective Oct. 1, 1988, see section 7296(a) ofPub. L. 100–690, set out as a note under section
5601 of Title
42, The Public Health and Welfare.

Pub. L. 100–687, div. A, title II, § 201(b)(2),Nov. 18, 1988, 102 Stat. 4109, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect when the President first appoints an individual as Chairman of the Board of Veterans’ Appeals under section
4001(b)(1) [now 7101(b)(1)] of title 38, United States Code (as amended by subsection (a)).”

Pub. L. 100–485, title VI, § 603(c),Oct. 13, 1988, 102 Stat. 2409, provided that: “The amendments made by this section [amending this section and enacting section
617 of Title
42, The Public Health and Welfare] shall become effective on February 1, 1989.”

Amendment by Pub. L. 100–297effective July 1, 1988, but with amendments authorizing appropriations for fiscal year 1988 effective Apr. 28, 1988, see section 6303 ofPub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section
1071 of Title
20, Education.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–204effective 30 days after Dec. 22, 1987, but not to affect salary of any individual holding rank of Ambassador at Large immediately before Dec. 22, 1987, during the period such individual continues to serve in such position, see section 178(b) ofPub. L. 100–204, set out as a note under section
5313 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–619applicable to incumbent Assistant Secretary of Labor for Veterans’ Employment on Nov. 6, 1986, serving after such date, see section 2(f)(2) ofPub. L. 99–619, set out as a Present Incumbent note under section
553 of Title
29, Labor.

Effective Date of 1985 Amendments

Pub. L. 99–73, § 6(c),July 29, 1985, 99 Stat. 173, provided that: “The amendments made by this section [amending this section and section
5316 of this title and section
274 of Title
15, Commerce and Trade] shall be effective October 1, 1985.”

Amendment by Pub. L. 98–369applicable to appointments made after July 18, 1984, see section 2332(c) ofPub. L. 98–369, set out as an Effective Date note under section
1317 of Title
42, The Public Health and Welfare.

Amendment by Pub. L. 95–164effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 ofPub. L. 95–164, set out as a note under section
801 of Title
30, Mineral Lands and Mining.

Amendment by Pub. L. 95–88effective July 1, 1978, see section 124(c) ofPub. L. 95–88, set out as a note under section
2384 of Title
22, Foreign Relations and Intercourse.

Amendment by Pub. L. 93–438effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections
5811–5820 of Title
42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) ofPub. L. 93–438, set out as an Effective Date; Interim Appointments note under section
5801 of Title
42.

Pub. L. 92–603, title IV, § 404(c),Oct. 30, 1972, 86 Stat. 1488, provided that: “The amendments made by the preceding provisions of this section [amending this section and section
5316 of this title] shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which this Act is enacted [Oct. 30, 1972].”

Amendment by Pub. L. 91–375effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) ofPub. L. 91–375, set out as an Effective Date note preceding section
101 of Title
39, Postal Service.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 ofPub. L. 90–623, set out as a note under section
5334 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–206effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) ofPub. L. 90–206, set out as a note under section
603 of Title
28, Judiciary and Judicial Procedure.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section
315(a)(1) of Title
6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section
313(1) andsections
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.

For transfer of responsibilities of the Department of Homeland Security Chief Information Officer related to the implementation of the Integrated Wireless Network to the Director for Emergency Communications, see section
571(d)(2) of Title
6, Domestic Security.

Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions, vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.

Office of Deputy Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.

Abolition of One Position of Assistant Administrator, Agency for International Development

One of the 6 positions of Assistant Administrator, Agency for International Development, provided for in this section, was abolished by Reorg. Plan No. 2 of 1979, § 7,44 F.R. 41165, 93 Stat. 1378, set out in the Appendix to this title.

Inspector General, United States Postal Service

Section
101(f) [title VI, § 662(c)(1)] of Pub. L. 104–208provided in part that: “The amendment made by the preceding sentence [amending this section] shall apply notwithstanding section
410 or any other provision of title 39, United States Code.”

Section 6153(c) ofPub. L. 100–690provided that: “The Deputy Administrator of the Drug Enforcement Administration shall receive compensation at the rate now or hereafter prescribed by law for positions of Level IV of the Executive Schedule Pay Rate (5 U.S.C. 5315).”

Temporary Increase in Number of Assistant Secretaries of Defense

Number of Assistant Secretaries of Defense authorized at level IV of Executive Schedule under this section to be increased by one (to a total of 12) until Jan. 20, 1989, see section 1311 ofPub. L. 100–180, set out as a note under section
138 of Title
10, Armed Forces.

Pay Increase; Effective Date

Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92–302, not eligible to an increase in basic pay until Jan. 21, 1973, see section 3(c) ofPub. L. 92–302, May 18, 1972, 86 Stat. 149.